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202403937 <br />prevent, or enjoin any such violation, to compel specific performance hereunder, to recover <br />monetary damages, together with the costs and expenses of any proceedings for the collection <br />thereof (including reasonable attorneys' fees), caused by such violation or take any other action <br />available to remedy the violation. No delay in enforcing the provisions hereof as to any breach or <br />violation shall impair, damage, or waive the right of any party entitled to enforce the same or to <br />obtain relief against or recover for the continuation or repetition of such breach or violation or any <br />similar breach or violation thereof at any later time or times. <br />2.3 Enforcement by Authority Only. No person other than the Authority or agents <br />thereof shall be entitled to enforce this Agreement. <br />ARTICLE III <br />TERM OF AGREEMENT <br />3.1 Term of Agreement. This Agreement shall become effective immediately and <br />continue in full force and effect until the latter of: (a) the full repayment of the Loan, or (b) the <br />thirtieth (30th) anniversary of the latest placed -in-service date (as determined under the federal <br />Low Income Housing Tax Credit Program) associated with the Project. <br />3.2 Early Termination. Notwithstanding the provisions of Section 3.1 above, this <br />Agreement and the restrictions imposed hereby shall terminate upon the date the Project is <br />acquired by foreclosure (or instrument in lieu of foreclosure), unless the Authority or the Secretary <br />of the Treasury determines that such acquisition is part of an arrangement with the Owner a <br />purpose of which is to terminate the restrictions imposed by this Agreement. <br />ARTICLE IV <br />[Intentionally Omitted] <br />ARTICLE V <br />RECORDS AND REPORTS <br />5.1 Maintenance Retention and Accessibility of Books; Reporting Generally <br />(a) The Owner shall maintain or cause to maintain for the term of this Agreement a <br />complete and accurate set of books and supporting documentation of transactions in connection <br />with the Loan. <br />(b) The Owner shall submit to the Authority any and all financial and performance <br />reports that the Authority deems necessary to comply with the ARPA Program requirements, as <br />the same may be amended from time to time. The Owner acknowledges that IRS may impose <br />4880-0752-8835.3 <br />